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[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)]
[Proposed Rules]
[Pages 3078-3082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00871]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0112; FRL-9941-27-Region 3]

Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Attainment Plan for the Lower Beaver Valley Nonattainment 
Area for the 2008 Lead National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) revision submitted by the 
Commonwealth of Pennsylvania (Pennsylvania) for the purpose of 
demonstrating attainment of the 2008 lead national ambient air quality 
standard (NAAQS) in the Lower Beaver Valley 2008 lead nonattainment 
area (Lower Beaver Valley Area or Area). The attainment plan includes 
the base year emissions inventory, modeling demonstration of attainment 
with the lead NAAQS, and an analysis of reasonably available control 
measures (RACM), reasonably available control technology (RACT), and 
reasonable further progress (RFP). The attainment plan also includes 
contingency measures for the Lower Beaver Valley Area which include 
parts of a Consent Order and Agreement (COA) between Horsehead 
Corporation (Horsehead) and the Pennsylvania Department of 
Environmental Protection (PADEP). This action is being taken under the 
Clean Air Act (CAA).

DATES: Written comments must be received on or before February 19, 
2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2015-0112 at http://www.regulations.gov, or via email to 
fernandez.cristina@epa.gov. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Gerallyn Duke, (215) 814-2084, or by 
email at duke.gerallyn@epa.gov.

SUPPLEMENTARY INFORMATION: On January 15, 2015, PADEP submitted a 
revision to its SIP for the purpose of demonstrating attainment of the 
2008 lead NAAQS in the Lower Beaver Valley Area in accordance with 
requirements in sections 172 and 192 of the CAA. Pennsylvania's lead 
attainment plan for the Area includes a base year emissions inventory, 
a modeling demonstration of attainment with the 2008 lead NAAQS, an 
analysis of RACM, RACT, and RFP, and contingency measures. The lead 
attainment plan also includes paragraphs 3, 5, and 6 of a COA, dated 
November 21, 2012, between Horsehead and PADEP that demonstrates how 
Pennsylvania will achieve and maintain compliance with the 2008 lead 
NAAQS. EPA has determined that Pennsylvania's attainment plan for the 
2008 lead NAAQS for the Lower Beaver Valley Area meets the applicable 
requirements of the CAA in sections 172 and 192. Thus, EPA is proposing 
to approve Pennsylvania's attainment plan for the Lower Beaver Valley 
Area.
    EPA's analysis and findings are discussed for each applicable 
requirement in this rulemaking action. Additional details on the base 
year inventory and modeling portions of the attainment demonstration 
are contained in two Technical Support Documents (TSDs) for this 
proposed action.

I. Background

    On November 12, 2008 (73 FR 66964), EPA revised the lead NAAQS, 
lowering the level from 1.5 micrograms per cubic meter ([mu]g/m\3\) to 
0.15 [mu]g/m\3\ calculated over a three-month rolling average. EPA 
established the 2008 lead NAAQS based on significant evidence and 
numerous health studies demonstrating that serious health effects are 
associated with exposures to lead emissions.
    On November 22, 2010, EPA designated Vanport and Potter Townships 
in Beaver County, Pennsylvania as the Lower Beaver Valley Area for its 
nonattainment status with the 2008 lead NAAQS. The design value used 
for this designation was based on monitoring data from 2007-2009. On 
November 22, 2011, EPA revised the lead NAAQS designation for the Area 
based on 2008-2010 monitoring data by adding Center Township to the 
Area. 76 FR 72097. Under sections 191(a) and 192 of the CAA, 
Pennsylvania is required to submit a SIP revision with a plan for how 
the Area will attain the 2008 lead NAAQS, as expeditiously as 
practicable, but no later than December 31, 2015.
    Horsehead owned and operated a permitted zinc production plant in 
Potter Township, Pennsylvania (the Monaca Smelter or Facility). This 
Facility was the only industrial source

[[Page 3079]]

of lead emissions over 0.5 tons per year (tpy) in the Area. On November 
21, 2012, PADEP and Horsehead entered into a COA which required 
Horsehead to permanently discontinue, on or before October 1, 2014, 
production of zinc metal from its electrothermic furnace line (Furnace 
Plant), the sintering line (Sinter Plant), and secondary material 
operations. After these units shut down permanently, the COA provided 
that Horsehead would be subject to an aggregate potential lead emission 
rate of 0.1 tpy over each consecutive 12-month rolling period from all 
of its remaining stationary and fugitive emission sources at the 
Facility. However, in May 2014, Horsehead permanently ceased operations 
at additional major sources of emissions at the Facility, including the 
Larvik Furnaces and Refinery Feed Pot, which were not required under 
the COA to be shut down. Horsehead's zinc dust sizing circuit, whose 
emissions are considered insignificant, is allowed to continue to 
operate periodically, subject to the 0.1 tpy facility-wide limit 
contained in its federally-enforceable permit as well as in the COA.

II. Summary of SIP Revision

    On January 15, 2015, the Commonwealth of Pennsylvania through the 
PADEP submitted an attainment plan for the Lower Beaver Valley Area as 
a SIP revision which includes the base year emissions inventory and an 
attainment demonstration. The attainment demonstration includes: 
technical analyses that locate, identify, and quantify sources of lead 
emissions which contributed to violations of the 2008 lead NAAQS; a 
modeling analysis of an emissions control strategy that demonstrates 
attainment with the 2008 lead NAAQS by the attainment year 2015; and an 
analysis of RACT, RACM and RFP, and contingency measures for the Lower 
Beaver Valley Area. The SIP revision also includes paragraphs 3, 5, and 
6 of the COA between Horsehead and PADEP as measures for the attainment 
plan. EPA's analysis of the submitted attainment plan includes a review 
of the pollutant addressed, emissions inventory requirements, modeling, 
RACM, RACT, and RFP requirements, and contingency measures for the 
Lower Beaver Valley Area.

1. Emissions Inventory Requirements

    States are required under section 172(c)(3) of the CAA for 
nonattainment areas to develop comprehensive, accurate, and current 
inventories of actual emissions from all sources of the relevant 
pollutant or pollutants in the relevant nonattainment area. These 
inventories provide a detailed accounting of all emissions and emission 
sources by relevant pollutant and its precursors. In the November 12, 
2008 lead NAAQS rulemaking, EPA finalized the emissions inventory 
requirements. These inventory requirements at 40 CFR 51.117(e) require, 
among other things, that the SIP inventory include all sources that 
emit 0.5 or more tons of lead emissions per year, that the inventory is 
subject to public hearing requirements, and that the inventory is 
included in the SIP.
    Section 172(c)(3) of the CAA requires that an identification of 
emissions from all sources of lead in the nonattainment area be 
submitted with attainment plans. The base year inventory is typically 
one of the years in which the area was designated for the standard and 
includes emissions from stationary point and nonpoint sources. EPA 
recommends using either 2010 or 2011 as the base year, but does provide 
flexibility for using other inventory years if states can show another 
year is more appropriate. Additionally, EPA guidance provides that 
actual emissions should be used for purposes of the base year 
inventory.\1\
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    \1\ See ``Addendum to the 2008 Lead NAAQS Implementation 
Questions and Answers'' dated August 10, 2012, which is included in 
EPA's SIP Toolkit located at www3.epa.gov/airquality/lead/implement.html.
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    Pennsylvania's lead attainment plan for Lower Beaver Valley Area 
evaluates lead emissions in the Area, which includes sources in the 
area bounded by Vanport, Potter, and Center Townships in Beaver County. 
There are no precursors for lead which EPA requires to be considered 
for the lead attainment plan required by section 172 of the CAA.
    Pennsylvania developed its base-year inventory using data from 
2010, the year the Area was designated nonattainment, for stationary 
source lead emissions. For the nonpoint sources of lead emissions, 
PADEP submitted EPA's 2011 National Emissions Inventory (NEI) v2 data 
as a surrogate for the 2010 inventory, since inventories for nonpoint 
source emissions are only prepared every three years (2008, 2011) and 
2011 was the most recent inventory available.
    The only source of lead emissions above 0.5 tpy within the Lower 
Beaver Valley Area was the Monaca Smelter. The only other stationary 
source of lead emissions in the Lower Beaver Valley Area was AES Beaver 
Valley, a 125-MW coal-fired cogeneration plant, though its lead 
emissions are less than 0.5 tpy. Another source of lead emissions above 
0.5 tpy, an electric generating unit (EGU), Bruce Mansfield Power 
Station (Bruce Mansfield), is located in the adjacent municipality of 
Shippingsport. The monitor associated with Bruce Mansfield was in 
attainment with the 2008 lead NAAQS, demonstrating it had no impact on 
the Lower Beaver Valley Area, so Bruce Mansfield was not included in 
the Inventory.
    Horsehead produced high purity zinc oxide and high grade zinc metal 
at the Facility. Two sources emitted the majority of lead emissions 
from the Facility: the Sinter Plant and the Furnace Plant. Roughly 
ninety-five percent of the Facility's 2010 lead emissions which 
volatilized during processing were point sources and the remaining five 
percent escaped as fugitive emissions. Estimates used for calculating 
2010 fugitive lead emissions at the Sinter Plant were based on 
estimates from samples collected during 2007 and 2008. PADEP considered 
estimates of 2010 fugitive emissions to be conservative because 
improvements made in fugitive emission control at the Facility, 
including controls installed at the Sinter Plant since 2008, were not 
factored into the analysis for 2010 fugitive emissions.
    Table 1 identifies the 2010 base year emissions inventory for the 
Lower Beaver Valley Area. In 2010, lead emissions from point sources or 
stacks in the Area totaled 5.5961 tons. Lead emissions from nonpoint 
sources, including mobile sources, also were included in the lead 
inventory but found by PADEP to be insignificant. There are no other 
sources of lead emissions in the Area above 0.5 tpy of lead emissions 
nor smaller sources. According to Pennsylvania's inventory, the Monaca 
Smelter's emissions comprised almost all of the lead emissions in the 
Area in 2010.

Table 1--2010 Base Year Lower Beaver Valley Nonattainment Area Emissions
                                Inventory
------------------------------------------------------------------------
                                                         Lead emissions
                        Source                                (tpy)
------------------------------------------------------------------------
Monaca Smelter........................................            5.5531
AES Beaver Valley Plant...............................            0.0430
                                                       -----------------
    Subtotal for Point Sources........................            5.5961
Nonpoint Sources......................................            0.0009
                                                       -----------------
    Total.............................................            5.5970
------------------------------------------------------------------------

    Additional information regarding the emissions inventory for the 
Area and EPA's analysis of the inventory in accordance with CAA 
requirements in CAA section 172(c) and 40 CFR

[[Page 3080]]

51.117(e) can be found in the TSD for the Base Year Inventory for the 
Lower Beaver Valley Area which is included in the docket for this 
proposed action (EPA-R03-OAR-2015-0112) and is available online at 
www.regulations.gov. EPA finds that the 2010 base year emissions 
inventory prepared by Pennsylvania and included in the January 15, 2015 
SIP submission for Lower Beaver Valley Area meets the requirements of 
section 172(c)(3) of the CAA and the corresponding regulations at 40 
CFR 51.117(e).

2. Attainment Planning Modeling

    Section 172 of the CAA and the lead control strategy regulations 
found at 40 CFR 51.117 require states to employ atmospheric dispersion 
modeling for the demonstration of attainment of the lead NAAQS as 
expeditiously as practicable. 40 CFR 51.117(a) requires a demonstration 
that the attainment plan will attain the NAAQS in the areas in the 
vicinity of point sources listed in 40 CFR 51.117(a)(1) as well as any 
other area with lead concentrations in excess of the NAAQS per 40 CFR 
1.117(a)(2). The demonstration must meet the requirements of 40 CFR 
51.112 and 51.117 as well as appendix W of 40 CFR part 51 and include 
inventory data, modeling results, and emissions reduction analyses on 
which the state has based its projected attainment. All these 
requirements comprise the ``attainment demonstration'' that is required 
for lead nonattainment areas.
    PADEP performed an air-dispersion modeling analysis to predict the 
maximum predicted three-month rolling lead concentration using emission 
inventories representing two facilities, Monaca Smelter and AES Beaver 
Valley. PADEP used reported lead emissions in 2010 for the base year 
and projected (future) lead emissions for 2015 because 2015 is the 
attainment year for the 2008 lead NAAQS. Horsehead's 2010 emissions 
include point and fugitive emission sources.
    Projected emissions were determined based on the November 21, 2012 
COA for Horsehead, which contains a plant-wide lead emission limit of 
0.1 tpy for the Facility, as well as maximum throughput information and 
allowable lead emissions from AES Beaver Valley under its current 
permit. Only point source emissions were calculated for AES Beaver 
Valley, as only point source emissions were reported from AES. PADEP 
did not include emissions from Bruce Mansfield in its modeling for the 
attainment demonstration because prior modeling had demonstrated Bruce 
Mansfield did not contribute to nonattainment in the Area. Lead 
emissions from nonpoint sources and mobile source were also examined, 
but found to be insignificant, so they were not included in the lead 
modeling demonstration. The modeling was conducted in accordance with 
40 CFR part 51, Appendix W--Guideline on Air Quality Models.
    The final modeled lead concentration for the future attainment year 
of 2015 is the maximum projected three-month average lead concentration 
of 0.0274 [mu]g/m\3\ plus the background monitored concentration of 
0.05 [mu]g/m\3\ from the Shippingport monitor. This yields a projected 
lead concentration of approximately 0.08 [mu]g/m\3\, which is 
significantly lower than the NAAQS of 0.15 [mu]g/m\3\.
    Modeling for attainment was based primarily on the lead emissions 
expected in December 31, 2015. Due to monitored violations in 2013 and 
early 2014, the Area will not attain the NAAQS by 2015 based on ambient 
air quality over 36 consecutive three-month periods. However, closure 
of Horsehead operations in 2014 will facilitate attainment of the 2008 
lead NAAQS by 2017. More detailed information on the modeling system 
tools and documents used for the model attainment demonstration for the 
Area and EPA's analysis of PADEP's attainment modeling conducted for 
the Area can be found on the EPA Technology Transfer Network Support 
Center for Regulatory Atmospheric Modeling (SCRAM) (http://www.epa.gov/ttn/scram/), in Pennsylvania's January 15, 2015 submittal, and in the 
TSD for the modeling portion of the proposed SIP in the docket for this 
proposed action (EPA-R03-OAR-2015-0112) and available online at 
www.regulations.gov. EPA finds the modeling was conducted in accordance 
with requirements for a modeled attainment demonstration in the CAA and 
in 40 CFR 51.112 and 117 and in appendix W of 40 CFR part 51.

3. RACM, RACT, and RFP

    Section 172(c)(1) of the CAA requires nonattainment areas to 
implement all RACM, including emissions reductions through the adoption 
of RACT, as expeditiously as practicable. EPA interprets this as 
requiring consideration of all available controls and to implement all 
measures in the nonattainment area that are determined to be reasonably 
available. However, EPA believes it would be unreasonable to require 
that a plan which demonstrates attainment include all technologically 
and economically available control measures even though such measures 
would not expedite attainment. See 58 FR 67751 (December 22, 1993).
    In March 2012, EPA issued guidance titled, ``Guide to Developing 
Reasonably Available Control Measures for Controlling Lead Emissions'' 
(RACM Guidance).\2\ Pennsylvania performed a RACM analysis in 
compliance with the RACM Guidance. The shutdown of the Monaca Smelter 
Sinter Plant, Furnace Plant, and secondary materials operations on May 
19, 2014 are discrete control measures that have already occurred. 
Pennsylvania has determined that the shutdown of those operations at 
the Monaca Smelter, along with a plant-wide lead emission limit of 0.1 
tpy required in the COA, addresses RACM based on the significant 
decrease in emissions that will result.
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    \2\ http://www3.epa.gov/airquality/lead/pdfs/2012ImplementationGuide.pdf.
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    The 2012 COA also incorporates requirements for control of fugitive 
emissions from the Monaca Smelter, and PADEP has determined that all 
known significant sources of lead emissions from the Facility have been 
eliminated, controlled, or found ineffective or not viable, consistent 
with EPA's RACM Guidance (which also addresses RACT). Because Horsehead 
agreed in the COA to discontinue metal production operation at the site 
by October 14, 2014, PADEP considered further investment in additional 
control strategies to not be reasonable or cost effective. Thus, PADEP 
has determined that no additional control measures such as RACT are 
required at the Monaca Smelter. EPA has reviewed PADEP's determinations 
and analysis and finds it reasonable for RACM and RACT at the Monaca 
Smelter.
    EPA set a threshold of 0.5 tpy for lead sources to undergo a RACT 
analysis. 73 FR 67038. Because the lead emissions from the AES Beaver 
Valley facility are well below 0.5 tpy, PADEP concluded no RACT review 
is required for that facility and EPA finds PADEP's conclusion 
reasonable for AES Beaver Valley.
    Section 172(c)(2) of the CAA also requires areas designated as 
nonattainment for criteria pollutants to include a demonstration of RFP 
for meeting air quality standards in attainment plans. Section 171(1) 
of the CAA defines RFP as annual incremental reductions in emissions of 
the relevant air pollutants as required by Part D of Title I of the 
CAA, or emission reductions that may reasonably be required by EPA to 
ensure attainment of

[[Page 3081]]

the applicable NAAQS by the applicable date.\3\
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    \3\ Incremental reductions in lead emissions are not specified 
in Part D of Title I of the CAA.
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    As stated in the final lead NAAQS rule (73 FR 67038), RFP is 
satisfied by the strict adherence to a compliance schedule which is 
expected to periodically yield significant emission reductions. 
Pennsylvania's control strategy in the Lower Beaver Valley Area is not 
staggered or phased. Nonattainment of the 2008 lead NAAQS is primarily 
attributable to a single source, the Monaca Smelter, whose major 
operations shut down in May 2014. Ambient air quality concentrations 
dropped at or below attainment levels immediately after Horsehead shut 
down these operations at the Facility, thus fulfilling RFP requirements 
for the Lower Beaver Valley Area. All of the Area's ambient air quality 
monitors reported lead concentrations below the 2008 lead NAAQS for the 
three-month rolling average for May through July, 2014. The monitor 
located in Center Township and associated with the Monaca Smelter 
showed a 2013 design value of 0.25 [mu]g/m\3\, which exceeds the lead 
NAAQS limit of 0.15 [mu]g/m\3\.\4\ However, the maximum three-month 
rolling average ambient lead concentration for the five-month period 
since the closure of the Monaca Smelter was 0.02 [mu]g/m\3\. See Table 
3 to Pennsylvania's January 15, 2015 SIP submittal.
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    \4\ The monitoring data for 2010-2013 is included in appendix A 
of Pennsylvania's January 15, 2015 SIP submittal and uses data 
queried from the Air Quality System (AQS) Data Mart Database at 
https://aqs.epa.gov/api.
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    With continued implementation of RACM, i.e., continued shutdown of 
the primary lead emitting units at the Monaca Smelter and the COA 
emissions limit of 0.1 tpy for the Facility, lead emissions at the 
Facility are expected to stay well below 0.1 tpy and ambient lead 
concentrations in the Area are expected to continue to remain well 
below the NAAQS limit. Thus, EPA finds that Pennsylvania has 
demonstrated that RFP has been addressed.

4. Contingency Measures

    In accordance with section 172(c)(9) of the CAA, contingency 
measures are required as additional measures to be implemented in the 
event that an area fails to make RFP or fails to attain a standard by 
its attainment date. These measures must be fully adopted rules or 
control measures that can be implemented quickly and without additional 
EPA or state action and should contain trigger mechanisms and an 
implementation schedule.\5\ In addition, these measures should be ones 
that are not already included in the SIP control strategy for attaining 
the standard. See 73 FR 67038 (November 12, 2008).
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    \5\ See EPA document titled ``Addendum to the 2008 Lead NAAQS 
Implementation Questions and Answers'' dated August 10, 2012, 
included in EPA's SIP Toolkit at http://www3.epa.gov/airquality/lead/pdfs/20120810qanda.pdf.
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    The contingency measures in Pennsylvania's SIP submittal are 
primarily focused on control of fugitive dust because there is no 
longer an operating source with emissions above 0.5 tpy of lead in the 
Area. The SIP submittal provides for contingency measures in the COA 
with Horsehead which would apply should Horsehead continue operations 
at units not required to be shut down under the COA, and should PADEP 
determine that these operations cause or significantly contribute to 
ongoing lead NAAQS exceedances. These measures include source testing 
and reporting, wetting down roads in the facility, installing and 
operating a vehicle washing facility near material storage and handling 
areas, and retrofitting baghouses, or alternative control measures 
approved by PADEP.\6\
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    \6\ Horsehead's COA does not require closure or shut down of the 
Larvik Furnaces, the Refinery Feed Pot, and zinc dust sizing 
circuit. Thus, the COA includes contingency measures applicable to 
the Facility. The COA is included in the PADEP SIP submittal. Upon 
final approval of the SIP, the COA's terms will be federally 
enforceable as part of the Pennsylvania SIP. The COA is available in 
the docket for this rulemaking which is available online at 
www.regulations.gov.
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    The SIP submittal also states that should PADEP determine that 
specific activities at the Monaca Smelter or at other sources in the 
Area are likely to have caused an exceedance of the lead NAAQS, or if 
PADEP documents a violation of Pennsylvania's fugitive dust regulations 
at 25 PA Code Section 123.1 or 123.2, additional control measures would 
be triggered. Specifically, PADEP can enforce those regulations and 
require the party whose actions likely have caused the exceedance or 
whose actions resulted in a violation to mitigate the impact on the 
2008 lead NAAQS by implementing additional control measures. Such 
control measures may include paving, vegetating, watering, or 
chemically stabilizing traffic paths; periodic cleaning of paved roads; 
wet suppression at bulldozing sites and soil piles; vehicle washing at 
property exits; and covering soil-bearing trucks.
    The January 15, 2015 SIP submittal provides the following process 
for triggering the above contingency measures. Any single sample result 
exceeding 0.15[mu]g/m\3\ at a monitor in the Lower Beaver Valley Area 
would trigger investigation by PADEP to determine what specific 
activities have caused the increased concentration level (because the 
only significant stationary source of lead emissions is no longer in 
operation). Should PADEP determine, as the result of observations by 
PADEP or receipt of a complaint, that specific activities are likely to 
have caused an exceedance or violation, PADEP will notify the party 
that an action appears to be adversely affecting the NAAQS or violating 
Pennsylvania regulations. Corrective action in the form of contingency 
measures would follow, involving enforcement as appropriate.
    Pennsylvania's SIP submission further provides that persistent lead 
exceedances at any monitor would trigger increased sampling frequency 
at the monitor where such an exceedance occurred.\7\ Four or more 
sample results within any three-month rolling period reported to exceed 
0.15[mu]g/m\3\ would trigger expanded ambient air monitoring and 
investigation as needed to identify the potential source(s) and address 
the source of the exceedance.
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    \7\ Sampling would increase from once every six days to every 
three days if results from two samples during any three-month 
rolling period exceed 0.15 [mu]g/m\3\. Sampling frequency would 
further increase to daily if results from three samples during any 
three-month period exceed 0.15 [mu]g/m\3\.
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    Section 172(c)(5) of the CAA requires permits for the construction 
and operation of new and modified major stationary sources anywhere in 
a nonattainment area. The Pennsylvania SIP includes provisions 
consistent with the federal requirements, set forth at 40 CFR 51.165, 
for nonattainment new source review (NSR).
    PADEP's SIP submittal states that NSR permitting requirements in 
its SIP ensure that no new or modified sources will cause or contribute 
to a NAAQS violation by requiring, as part of the NSR permit, a 
demonstration that such a violation will not occur. See 25 Pa. Code 
Sec.  127.81 and 127.201-127.217. If Horsehead or any entity proposes 
to restart or modify operations or construct and operate other 
activities at the Facility that would result in increased lead 
emissions, such changes would trigger NSR permitting requirements which 
include measures to minimize emissions and prevent NAAQS violations.
    In summary, EPA finds these contingency measure triggers and 
actions will help ensure compliance with the 2008 lead NAAQS and meet 
the requirements of section 172(c)(9) of the CAA to ensure continued 
attainment

[[Page 3082]]

of the NAAQS if any events occur interfering with attainment. EPA finds 
PADEP's SIP submittal contains adequate contingency measures if the 
Area fails to attain the NAAQS or fails to achieve RFP because the only 
significant stationary source of lead emissions is no longer in 
operation, Pennsylvania's existing rules related to control of fugitive 
dusts and permitting are sufficient to minimize emissions and prevent 
NAAQS violations, and additional measures are not reasonably available 
to serve as contingency measures.

III. Proposed Action

    EPA finds the January 15, 2015 SIP submittal attainment plan for 
the Lower Beaver Valley Area meets the applicable requirements of the 
CAA for attainment plans in section 172 and 192 of the CAA and in 
implementing regulations including 40 CFR 51.112 and 51.117. EPA is 
proposing to approve the Pennsylvania SIP revision attainment plan for 
the Lower Beaver Valley Area for the 2008 lead NAAQS including the 
attainment demonstration, base year emissions inventory, RACM/RACT and 
RFP analyses, and contingency measures.
    EPA is soliciting public comments on the issues discussed in this 
document. These comments will be considered before taking final action.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule to approve Pennsylvania's SIP 
revision containing the attainment plan for the 2008 lead NAAQS in the 
Lower Beaver Valley Area, does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Lead.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: December 30, 2015.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2016-00871 Filed 1-19-16; 8:45 am]
BILLING CODE 6560-50-P
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